Source
(Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 686; amended Pub. L. 100–180, div. A, title V, § 512(d)(2), title XIII, § 1314(b)(6), Dec. 4, 1987, 101 Stat. 1090, 1175; Pub. L. 100–456, div. A, title XII, § 1233(c), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 102–190, div. A, title XI, § 1131(7), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103–337, div. A, title XVI, § 1662(j)(4), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 105–85, div. A, title X, § 1073(a)(23), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title VI, § 646, Oct. 17, 1998, 112 Stat. 2050; Pub. L. 106–65, div. A, title X, § 1066(a)(11), Oct. 5, 1999, 113 Stat. 771; Pub. L. 107–372, title II, § 272(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 108–136, div. A, title VI, § 643(a), (b), Nov. 24, 2003, 117 Stat. 1517; Pub. L. 108–375, div. A, title X, § 1084(d)(9), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 109–163, div. A, title V, § 509(d)(1)(B), title VI, § 685(d), Jan. 6, 2006, 119 Stat. 3231, 3325; Pub. L. 109–364, div. A, title V, § 502(d)(2), title X, § 1071(a)(7), Oct. 17, 2006, 120 Stat. 2178, 2398.)
Prior Provisions
A prior section
1406 was renumbered section
12738 of this title.
Amendments
2006—Subsec. (b)(1).
Pub. L. 109–364, § 502(d)(2), in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”.
Pub. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”.
Subsec. (i)(3)(B)(vi).
Pub. L. 109–364, § 1071(a)(7), substituted “to” for “for”.
Pub. L. 109–163, § 685(d), added cl. (vi).
2004—Subsec. (g).
Pub. L. 108–375 substituted “section
245” for “section
305” and “Officer Corps Act of 2002 (
33 U.S.C.
3045)” for “Officers Act of 2002”.
2003—Subsec. (i).
Pub. L. 108–136 inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in section
161
(c) of this title),” after “Chief of Service,” in par. (1).
2002—Subsec. (g).
Pub. L. 107–372 substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (
33 U.S.C.
853o)”
1999—Subsec. (i)(2).
Pub. L. 106–65 substituted “after October 16, 1998” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions.
1998—Subsec. (i)(2), (3).
Pub. L. 105–261 added par. (2) and redesignated former par. (2) as (3).
1997—Subsec. (b)(1).
Pub. L. 105–85 substituted “3962 and 8962” for “3962(b) and 8962(b)” in footnote 3 in table.
Subsec. (c)(1).
Pub. L. 105–85, § 1073(a)(23)(A), substituted “3962” for “3962(b)” in footnote 1 in table.
Subsec. (e)(1).
Pub. L. 105–85, § 1073(a)(23)(B), substituted “8962” for “8962(b)” in footnote 1 in table.
1994—Subsec. (b).
Pub. L. 103–337 substituted “Subtitle A or E” for “Subtitle A” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, in table struck out item for section
1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively, and struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted, and added par. (2).
1991—Subsec. (b).
Pub. L. 102–190 substituted “580” for “564” in table.
1988—Subsec. (b).
Pub. L. 100–456 substituted “satisfactorily by person” for “satisfactory by person” in item relating to section
1331 in table.
1987—Subsec. (d).
Pub. L. 100–180, § 512(d)(2), inserted “or 6334” after “6151” in text, and inserted item relating to section
6334 at end of table.
Subsec. (i).
Pub. L. 100–180, § 1314(b)(6), inserted “and Vice Chairmen” after “Chairmen” in heading and inserted “or Vice Chairman” after “Chairman” in par. (1).
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title VI, § 643(c), Nov. 24, 2003,
117 Stat. 1517, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 24, 2003] and shall apply with respect to officers who first become entitled to retired pay under title 10, United States Code, on or after such date.”
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Pub. L. 103–337, set out as an Effective Date note under section
10001 of this title.
Effective Date of 1991 Amendment
Amendment by
Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of
Pub. L. 102–190, set out as a note under section
521 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468
(b),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Grade on Transfer to Retired Reserve
Section 1688 of title XVI of
Pub. L. 103–337 provided that: “In determining the highest grade held satisfactorily by a person at any time in the Armed Forces for the purposes of paragraph (2) of section
1406
(b) of title
10, United States Code, as added by this title, the requirement for satisfactory service on the reserve active-status list contained in section
1370
(d) of title
10, United States Code, as added by this title, shall apply only to reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion under chapter 36 of that title or under chapter 1405 of that title, as added by this title, or having been found qualified for Federal recognition in a higher grade under chapter
3 of title
32, United States Code, after the effective date of this title [see Effective Date note set out under section
10001 of this title].”